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<br />~ <br /> <br />~ <br />~ <br />E- <br /> <br />ATTACHMENTK <br /> <br />ARKANSAS RIVER COMPACT ADMINISTRATION <br /> <br />March 20, 1985 <br /> <br />Louis Johnson, Esq. <br />Horn Anderson & Johnson <br />Attorneys at Law <br />Suite 840, Holly Sugar Building <br />Colorado Springs, CO 80903 <br />RE:Application of Jake D. Broyles, 82CW130 <br />District Court, Colorado Water Division 2 <br />AG Alpha No. L W SC A VLI <br />AG File No. DNR8404253/1MT <br /> <br />Dear Mr. Johnson: <br />In the above referenced case, we note that Mr. Broyles seeks to <br />transfer his direct flow water right in Keesee Ditch, in former Water <br />District.Ji7, upstream for storage in John Martin Reservoir. He further <br />proposes that part of this water be exchanged upstream to the Pueblo <br />Reservoir, beyond the boundaries of former Water District 67, for <br />possible sale. <br />Article V.H. of the Arkansas River Compact provides: <br />If the usable quantity and availability for use of the waters of <br />the Arkansas River to water users in Colorado Water District <br />67 and Kansas will be thereby materially depleted or adversely <br />affected, III priority rights now decreed to the ditches of <br />Colorado Water District 67 shall not hereafter be transferred to <br />other water districts in Colorado or to points of diversion or <br />places of use upstream from John Martin Dam ... without the <br />administration ... making findings of fact that no such <br />depletion or adverse affect will result from such proposed <br />transfer. ... Notice of legal proceedings for any such proposed <br />transfer or increase shalI be given to the administration in the <br />manner and within the time prOvided by the laws of Colorado <br />or Kansas in such cases. <br />The Arkansas River Compact Administration has received notice of <br />Mr. Broyles' proposal. Mr. Broyles cannot proceed further with his plan <br />until the Administration has made findings of fact that his proposed <br />transfer will result in no adverse effect to District fil or Kansas water <br />users. The Administration can make such findings only after a detailed <br />review of Mr. Broyles' proposal. <br />We therefore ask that Mr. Broyles provide the Administration with a <br />detailed engineering report and operating plan. covering all aspects of <br />his proposal. for review by the Administration. After reviewing the report <br />and plan, the Administration may want to hold a special meeting to <br />discuss the matter with Mr. Broyles or his representative. <br />Sincerely yours, <br />Isl Carl E. Bentrup, Vice Chairman <br />Arkansas River Compact <br /> <br />Administration <br />CEB/gl <br /> <br />59 <br />